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National Heritage Resources Act, 1999 (Act No.25 of 1999)

Regulations

South African Heritage Resources Agency (SAHRA) Permit Regulations

Chapter IX : Application for Permit :  Burial Grounds and Graves (Section 36(3))

34. Application requirements and procedure

 

(1) Permit applications must be made on the official form Application for permit: Burial Grounds and Graves, available from SAHRA or any provincial heritage resources authority.

 

(2) Permit applications must be submitted to SAHRA or the relevant provincial heritage resources authority.

 

(3) The following information must be supplied with the application:
(a) The name and address, erf/stand/farm number or geographical coordinates of the grave or burial ground and the magisterial district;
(b) the name, address, telephone and/or fax numbers of the planning authority for the place;
(c) details of the action(s) for which application is made, in accordance with the Guidelines;
(d) motivation for the proposed action(s), including supporting documentation and research, in accordance with the Guidelines;
(e) details of the cost of the action(s);
(f) the name, identity number, address, telephone and/or fax number, qualifications, relevant experience and signature of the person who will be responsible for the action(s);
(g) the name, identity number, address, telephone and/or fax number and signature of the owner of the land on which the grave or burial ground is situated;
(h) in the case of the exhumation or removal of a grave, the name, identity number, address, telephone and/or fax number, qualifications, relevant experience and signature of the archaeologist who will supervise the work;
(i) in the case of destruction or damage of any burial ground or grave referred to in regulation 33(a), details of arrangements for the exhumation and re-interment of the contents of such graves;
(j) in the case of any activity under regulation 33(b) of these regulations,—
(i) details of efforts made to contact and consult communities and individuals who by tradition have an interest in such grave or burial ground; and
(ii) copies of agreements reached with such communities or individuals regarding the future of such grave or burial ground;
(k) the name, identity number, address, telephone and/or fax number and signature of the applicant, if the owner is not the applicant;
(l) any other relevant information required by the provincial heritage resources authority.

 

(4) The provincial heritage resources authority may at its discretion refer an application to SAHRA or to experts in the field for comment and advice on any conditions that should be imposed in the permit.